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I. Overview of Elections and Political Processes
A. Codification
B. Administration and Policy
C. Political Parties and Candidates
A. Codification
1. Constitution of the Russian Federation
The general aspects of the country’s electoral system, particularly, the issues connected with elections to the State Duma receive comparatively little attention in the Constitution of the Russian Federation. The most important references with regard to elections for the State Duma are:
- the Constitution defines the role of the elections in the general system of the exercise of power in Russia. Thus, according to Article 3 (Part 3), elections (along with referenda) are the supreme direct expression of the power of the people;
- the electoral rights of citizens - the right to elect and be elected to bodies of state power and bodies of local self-government laid down in Article 32 (Part 2 have a very high constitutional level of legal protection;
- the authority which calls the elections to the State Duma- the President of the Russian Federation (Clause «a» of Article 84), the term of powers of the chambers of parliament (Part 1 of Article 96), the period within which the elections to the State Duma are to be held in the event of its dissolution are indicated. Another important point is that, under Article 96 (Part 2), the procedure for the election of deputies to the State Duma shall be established by federal law. This rules out regulation of the elections to the State Duma by means of executive ordinances;
- the active and the passive electoral right in the elections to the State Duma are defined (Parts 2 and 3 of Article 32 and Article 97).
These provisions are highly important. They establish the basis for the entire system of legislative acts regulating the elections of deputies of the State Duma. The Constitution of the Russian Federation does not lay down the parameters of the electoral system used for elections to the State Duma but, based on the aforementioned constitutional principles, the Constitutional Court of the Russian Federation has twice (in 1995 and 1998) considered the questions of the conformity of the elections of the State Duma to the Constitution.
At the same time, there are other constitutional provisions that play an important role in the organization and administration of the elections. These are particularly concerned with the constitutional regulation of the political rights and freedoms of citizens (the freedom of speech, the right to association, etc.) and the legal status of public associations and mass media. The norms of electoral legislation must not contradict these provisions of the Constitution.
2. Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum»
The current Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» (hereafter «Basic Guarantees Law») as modified and amended by the Federal Law of 30 March 1999 has replaced the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation» adopted on 26 October 1994. This law applies to all elections held in the Russian Federation, including the election of deputies to the State Duma. The law contains detailed provisions regulating all stages and aspects of the electoral process. In fact, this law acts as a quasiconstitutional federal law (a federal law that has a higher legal force than other federal laws). Other federal electoral laws, particularly, the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» (hereafter «Duma Elections Law») must conform to the Basic Guarantees Law. In the 1995 elections to the State Duma, the Supreme Court of the Russian Federation recognized the priority of the Basic Guarantees Law when the provisions of these two laws were found to be in conflict. At present, law enforcement bodies have absolutely clear guidance as to the prioritization of electoral laws: as stated in Article 1 of the Basic Guarantees Law, in cases where other federal laws contradict this law the provisions of this law apply.
A comparative analysis of the two laws shows that, in general, the Duma Elections Law reproduces the norms of the Basic Guarantees Law with sufficient fullness and accuracy and, where necessary, sets forth the corresponding provisions of the Basic Guarantees Law in more concrete terms. At the same time, there are some discrepancies between the two laws in the regulation of some aspects of the election campaign. For instance, there are differences between the lists of entities entitled to election campaigning, which are contained in Article 37.1 of the Basic Guarantees Law and Article 8.2 of the Duma Elections Law.
In view of the fact that the Basic Guarantees Law contains a very detailed description of many electoral procedures, in some cases the periods of electoral actions as defined in the two federal laws do not coincide. In particular, there is two days’ difference in the period within which election commissions must furnish to the mass media copies of financial reports of candidates, electoral associations and electoral blocs (Article 47.15 of the Basic Guarantees Law; Article 66.4 of the Duma Elections Law). In such cases the norms of the Basic Guarantees Law are subject to direct application by election commissions and other participants in the electoral process.
Thus, given the existing dualism of legal regulation of the elections to the State Duma, candidates and election commissions must be clearly advised as to which specific regulatory procedure is to be applied in certain cases.
3. Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»
The current Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» of 24 June 1999 («Duma Elections Law») replaced the law with the same name of 21 June 1995. The new law differs from the old one in that it contains a much greater scope of normative regulation of practically all elements of the electoral process. At the same time, it is important to note that many new provisions contained in the State Duma Law were predetermined by the Basic Guarantees Law of 19 September 1997, as modified and amended by the Federal Law of 30 March 1999.
The following are some of the important changes that have taken place in the regulation of the elections to the State Duma as compared with the 1995 election campaign:
- the procedure of the compilation of voter lists has been modified: this duty has been transferred to territorial election commissions;
- election commissions which carry out registration of candidates and federal lists of candidates have been granted wider powers with regard to imposing sanctions on candidates, electoral associations and electoral blocs that have committed breaches of the electoral laws (abuse of official position; violation of rules for election campaigning and election campaign funding, etc.). The most powerful of these sanctions is ability to refuse to register candidates and lists of candidates or to revoke of the decision to register candidates and lists of candidates;
- under the new Duma Election Law, an electoral deposit may be paid instead of submission of the required number of signatures for registration of a federal list of candidates or in single-mandate districts. The deposit must be paid out of an electoral fund with mandatory indication whose contributions are used to pay the electoral deposit. In the forthcoming election campaign, an electoral deposit for a candidate is 83,490 rubles ( approximately $3500). The electoral deposit for an electoral association or electoral bloc that nominates a federal list of candidates is 2,087,250 rubles (approximately $88,000);
- a large number of «electoral offences» has been defined, connected with indirect campaigning efforts for candidates and lists of candidates;
- fairly strict conditions have been established for election campaigning though the mass media and for publication of campaign materials. These conditions aim to ensure the equality of candidates, electoral associations and electoral blocs and to allow election commissions to control these processes;
- the list of prohibited sources of funding for the election campaigns of candidates, electoral associations and electoral blocs has been extended; it has been established that electoral funds must be formed before registration of candidates and federal lists of candidates; the purpose of electoral funds has been widened (funding of the election campaign and not merely of election publicity as before); candidates, electoral associations and electoral blocs are now required to file financial reports three times (the first, the interim and the final financial report); additional powers have been granted to election commissions for exercising control over election campaign funding;
- early voting has been replaced by the possibility for all voters to receive absentee certificates, which can be issued to citizens who are going to be absent from their place of residence on voting day;
- the number of candidates in the federal part of the federal lists of candidates has been increased from 12 to 18; in the event of the withdrawal of one of the first three candidates on the federal list of candidates, the registration of the given list is cancelled, and the same sanction is applied if more than 25% of candidates are withdrawn from the list.
At the same time, the description of the electoral procedures in the Duma Elections Law leaves open some important questions relating to the preparation and organization of the elections. In view of this, the CEC is compelled to issue voluminous instructions and clarifications to specify the provisions of this law.
4. Elections to the Duma
Elections to the 450-member State Duma in the Russian Federation are governed by the Basic Guarantees Law and the Duma Elections Law. The Constitution of the Russian Federation also defines basic voting rights.
Russian Parliamentary elections are conducted when the term of members of the Russian State Duma expires. By law, the State Duma is elected for a four-year term but this term may be ended earlier by a Presidential or Duma decree under certain emergency conditions. The last Duma election was held on 17 December 1995. On 19 December 1999, a total of 450 members of the State Duma are to be elected, with one half (225) determined in a pluralistic system in single-mandate districts (the one with the most votes wins), and the other half elected by proportional representation where citizens vote for a political party (and its list of candidates). The law mandates that a political association or bloc must receive at least 5% of the total proportional vote in order to have its candidates elected to the State Duma from the federal list. One must be a citizen and at least 21-year-old to be elected to the State Duma. The election code dictates certain guidelines regarding campaign finance and the role of the mass media in the election for the State Duma (Articles 37-43 of the Basic Guarantees Law; Articles 52-60 of the Duma Elections Law).
5. Political Party Funding
Campaign finance is one of the few areas where the Basic Guarantees Law is silent. For the first time, candidates and political parties have to file campaign finance reports before the election. The first report is filed when a candidate files his registration papers (Duma Law, Article 66.2a). The second report is filed not later than 10 days before voting day (Duma Law, Article 62.2b). The last report is to be filed not later than thirty days after the official publication of election results (Duma Law, Article 66.2c). The figures reported in the campaign finance reports will most likely be correct because the Savings Bank of the Russian Federation will also file a diskette with the CEC with information containing all income sources of a candidate’s electoral fund. By law, a candidate cannot spend more than 1,669,800 rubles ($65,000). A political association or bloc cannot spend more than 41,745,000 rubles ($1,700,000). If these amounts are exceeded, a candidate’s registration papers are cancelled – his name is taken off the ballot. The campaign commences when the candidate is registered according to Article 53 of the Duma Elections Law. The CEC will release the campaign finance reports to the media within 5 days of their receipt.
Electoral associations are formed by the authority of Federal Law on «Public Associations.» Under Article 31 of this law, property and income can come from contributions, proceeds from lectures, exhibitions, lotteries, auctions, sports and other events organized in accordance with the association’s statutes, revenues from business activity, civil law transactions and foreign economic activity of the association. Other revenues which are not against the law can also be accepted. The federal law also establishes that political parties, political movements and public associations whose statutes provide for participation in elections are not allowed to receive financial and other aid from foreign states, organizations and citizens, if this aid is intended for activities connected with the preparation and conduct of elections. In addition, under Article 11 of the Basic Guarantees Law, foreign nationals, stateless persons and foreign legal entities are not allowed to carry on any activities which help or impede the nomination, registration, lists and the election of candidates.
Political party funding is to elections and the success of a campaign as is a «war chest» in times of trouble. The issue of campaign finance in Russia is as divisive as in any other democracy seeking to establish a balance of interest between the freedom of speech and association, the need for transparency, and the need to limit the undue influence of a few large donors. Russian legislators have made significant changes in the reporting process of campaign finance expenditures, while at the same time maintaining very low ceilings and strictly equalitarian distribution rules with regard to the use of public funds. The low ceilings are compensated to some degree by the provision of equal access to free print and electronic media to all candidates.
The public funding of parties and candidates is minimal in size. A candidate running in a single-mandate district can expect to receive 1,000 rubles (less than $40) from the State to support his campaign. Political associations/blocs may receive between 200,000-300,000 rubles ($8,000-$12,000) to use to promote the candidates on their party lists. However, the CEC is to withhold funds to any association/bloc who received less than 2% of the vote in the last election and is in «arrears» financially to TV, radio and mass media organizations.
B. Administration and Policy
The Basic Guarantees Law establishes a permanent Central Election Commission (CEC) which is charged with overseeing elections in the Russian Federation. For elections of the State Duma, four subordinate levels of election commissions under the CEC are established: election commissions of the Subjects of the Russian Federation (SEC), district election commissions (DEC), territorial election commissions (TEC), and precinct election commissions (PEC). Each of these commissions elects a Chairman and a Secretary. The CEC and SECs also elect a Deputy Chairman. All election commissions are required to allow association’s, bloc’s or candidate’s representatives and the media to attend all of its meetings and to be present when any commission is working on electoral matters such as voter lists, ballots, absentee certificates and counting of votes. Each level commission may hear complaints and take decisions. Commissions shall inform voters of their activities, including the registration and biographical information of candidates, list of voters and other matters (Articles 21 - 24 of the Basic Guarantees Law; Articles 18 - 29, 31 of the Duma Elections Law).
1. Central Election Commission (CEC)
The Central Election Commission (CEC) is a permanent body charged with the responsibility of organizing the preparations for the conduct of the elections in the Russian Federation, guiding the activities of lower level commissions, establishing policies and overseeing uniform application of election legislation. The 15 voting members of the CEC (5 appointed by the President; 5 from the Duma; 5 from the Federation Council) must have a legal education. Political associations (parties) are allowed to appoint a non-voting member to the CEC to represent their interests. The CEC is authorized to adopt decisions that are binding on lower commissions, state bodies, local government bodies, public associations, state enterprises, agencies and organizations throughout the Russian Federation. In coordination with the SECs, the CEC organizes the national system of registration of voters. The CEC is responsible for significant administrative and logistical management functions, including the distribution and use of funds allocated from the federal budget for the conduct of the elections and the provision of lower level commissions with facilities, transport, communications and other material and technical support. The CEC also allocates funds to registered candidates for use in their campaigns and formalizes instructions governing the granting of airtime by mass media outlets to candidates on a free and paid basis. Under the law, the CEC has the authority to adjudicate complaints or appeals regarding decisions or actions of subordinate election commissions. In addition, the CEC has the authority to override decisions of lower commissions. A member of the CEC may be removed by a vote of the commission only under certain conditions which include: 1) voluntary withdrawal; 2) loss of citizenship; 3) conviction by a court of law; 4) ruling of a court that a member is incapacitated; and, 5) death of the member (Articles 12, 13, 22 of the Basic Guarantees Law; Articles 19, 24 of the Duma Elections Law).
2. Subordinate Election Commissions
a. Subject Election Commissions (SECs)
In each of the 89 Subjects of the Russian Federation, there is a permanent Subject Election Commission (SEC) established to oversee elections in the Subject. The 10 to 14 members of a SEC are appointed by the representative and executive bodies of the Subject area taking into account the recommendations of public organizations, elected bodies of local self-government, and groups of voters. At least 50% of the SEC members must be appointed by the representative body of the Subject area. The SECs provide for the interaction of the CEC with bodies of state power within the Subjects and coordinate the activities of subordinate election commissions within their jurisdiction. The SECs hear complaints and adjudicate disputes regarding actions or decisions of lower commissions and may overturn such decisions when warranted. The SECs determine the polling sites within the Subject and are responsible for printing and distributing ballots within its jurisdiction. In addition, the SEC is ultimately responsible for summarizing the voting results within the Subject as a whole. SECs serve four-year terms. The Chairman, the Deputy Chairman and Secretary must have a legal education. At this time 88 SECs are in place. Chechnya’s is not in operation.
b. District Election Commissions (DECs)
In each of the 225 constituency districts of the Russian Federation, District Election Commissions (DECs) are to be formed to administer elections not later than 90 days before the election. Under the Basic Guarantees and Duma Elections Law, DECs are only established for Duma elections. The DEC has eight to fourteen members, one half appointed by the legislative body and one half appointed by the executive body of the Subject, in part on the basis of recommendations from the electoral associations/blocs and the public. A candidate or electoral association/bloc with a candidate registered in the district is allowed to appoint a non-voting member to the DEC to represent his/her/their interests. DECs are responsible for coordinating activities and for supervision of Territorial Election Commissions (TECs) and Precinct Election Commissions (PECs) during elections to the State Duma. DECs also register candidates for election to the State Duma in the given district. The DECs are authorized to hear complaints about actions or decisions taken by TECs and PECs and may overturn their decisions, as warranted. The DECs summarize election results reported from the TECs and PECs within their jurisdiction. The term of the DEC expires after official publication of the results of the election to the State Duma.
c. Territorial Election Commissions (TECs)
Territorial Election Commissions (TECs) are appointed in each territorial subdivision within the Subject of the Russian Federation (more may be appointed in areas with an exceptionally large number of voters) not later than 60 days before the election. The TEC has five to nine members who are appointed by elected bodies of local governments within the city, raion or other units making up the territory, in part on the basis of recommendations from electoral associations/blocs and the public. The TECs ensure that ballots and other materials are distributed to PECs and generally oversee the work of the PECs within their jurisdiction. The TECs are authorized to hear complaints about actions or decisions taken by PECs and may overturn their decisions, as warranted. The TECs summarize election results reported from the PECs within their jurisdiction. The TECs are the field level commissions for reporting of results through Vybory State Automated Information System (SAS Vybory). The Vybory System is a computerized program which allows for the returns from TECs to be entered, then added electronically. Results can then be sent by modem to higher level commissions (this same computer system is also used to electronically compile the voter registration lists). All protocols are collected and manually entered in the system at the TEC level. The terms of the TEC expires after the official publication of the results of the election to the State Duma.
d. Precinct Election Commissions (PECs)
Precinct Election Commissions (PECs) have 3 to 15 members (depending on the number of voters) who are appointed by elected bodies of local governments no later than 3 days after the precinct is formed by representative bodies of local government on the basis of recommendations from electoral associations/blocs, NGOs and voters. In remote areas such as polar stations, ships at sea, or remote military locations, members of the PEC are appointed by a meeting of voters. PECs in precincts with up to 1000 voters have 3 to 7 members, with 1001-2000 voters 5 to 11 members, and with over 2000 voters 5 to 15 members. Each PEC can have a maximum of 3000 voters in its jurisdiction. It is the PECs that serve the voters directly by notifying them of the election, their polling site, hours of voting, and its working hours. They compile the final list of voters assigned to the polling site and make the list available for public scrutiny so that errors and omissions can be corrected. On Election Day, the PEC is responsible for organizing the polling site, processing of voters, and counting the votes at the end of the polling day. The term of the PEC expires after the official publication of the results of the election for the State Duma.
3. The Role of the Courts in the State Duma Elections
The role of the courts in the electoral process in Russia is important as decisions of the CEC can be appealed directly to the Supreme Court. Furthermore, decisions of lower-level election commissions can be appealed either to the court, or to an election commission of a higher instance (Article 63 of the Basic Guarantees Law; Article 90 of the Duma Elections Law). Decisions of the court are binding on all of the electoral system’s apparatus and actors. Decisions and actions of the CEC and all of its components can be challenged in a court of law by any participant in the election process whose rights have been infringed, starting with the voter. By opening the door to litigation so wide open, it is not surprising that the number of cases presented to the courts increases constantly. This section examines the interaction of the courts with the CEC during an electoral process. 1
According to the Basic Guarantees Law (Article 22), it is within the competence of the CEC to adjudicate electoral related grievances. Also, the CEC can make representations to the Supreme Court and ask for a binding legal opinion. These powers are to be exercised under the normal conditions of administrative law, namely, the election commission must act within its jurisdiction under the limits set by the appropriate law. The issues that generally cause a lot of grievances have to do with the following aspects of the electoral process, and, in particular, occur at the regional level: announcement of elections; formation of electoral districts; compilation of voters lists; nomination and registration of candidates; election campaigning (including media and campaign finance); voting results; and, the declaration of the winner of a given election. This list exemplifies the technical nature of the electoral process and the need for adequate training and preparation in adjudicating grievances. The largest volume of cases is found on the issues of nomination of candidates, election campaigning, and the determination of the results of an election.2
A distinguishing feature of elections in Russia is the nature of the sanctions for violations. The election laws do not provide for a graded penalty scale, as in Germany. Instead, they have a «life or death» approach. You are on the ballot or you are not. You are elected or the elections are deemed to never have taken place. This type of penalization, when applied, stimulates a lot of actions in the sphere of adjudication of grievances.
The process of adjudication of election grievances in Russia is flexible and leaves to the complainant a number of options at every step. For example, a person denied the right to be a candidate by an election commission can appeal the decision to a higher level election commission, or, alternatively, a court of equal rank. In the case of the CEC, their decisions are appealed directly to the Supreme Court, including their decisions on the issues concerning the nomination of candidates. It is important to note that the Basic Guarantees Law specifies that one does not have to go to an election commission of a higher level before pursuing the matter in court. Such flexible manner of proceeding is contradictory to the principles of administrative law that gives special authority to administrative bodies and delegates judicial authority to a specialized body. This helps to provide a rapid, specialized, and final solution to such issues. Normally, only in the case when an administrative body exceeds its competence do the courts have a right to review a decision.
Another difficult situation arises when a party uses this situation to lodge the same or, in the worst case, similar complaint with the election commission and the court simultaneously. The Duma Elections Law acknowledges this situation. The law stipulates that when a case is presented to both the court and the election commission, the commission must suspend its investigation and deliberation until the court case is resolved. This is a positive feature of the Russian election system. In Ukraine, for example, such a provision does not exist, which sometimes results in contradictory solutions.
The issue is further illustrated when the courts actually go beyond their own competence and directly engage in the determination of voting results or activities connected with the nomination of candidates, rather than ensuring that a due process is or has been followed. It is important to respect the will of the voter – and the power of the commission to administer the elections. A recent survey of regional electoral disputes by respected electoral specialists Postnikov, Okunkov, and Krylov in the period 1995- 1997 concluded that «in the adjudication of electoral disputes, courts must refrain from assuming the functions of electoral commissions, particularly, the functions connected with the determination of voting and election results. The task of the courts must be to monitor the legality of the activity of election commissions.»3
4. The Role of State Bodies in the Administration of the Election of Deputies of the State Duma
The election commissions which act on a permanent basis (i.e., the CEC and the SECs) form a special kinds of State bodies. The lower level election commissions, such as DECs and TECs, are temporary and do not form State bodies. Under Article 7.2 of the Duma Elections Law, within the scope of their powers laid down by law, election commissions are independent of bodies of state power and bodies of local self-government. These bodies are not allowed to interfere in the activities of election commissions. On the contrary, under Article 18.7 of the Duma Elections Law, the state bodies, state institutions, and their officials must assist election commissions in the exercise of their powers.
In many cases federal law defines the concrete forms of interaction between election commissions and state bodies.
1. Courts. Decisions and actions (inaction) of election commissions and their officials as well as the actions (inaction) of the bodies of state power, bodies of local self-government and their officials may be appealed to a court (Article 63.1, Basic Guarantees Law), if these bodies and officials violate the electoral rights of citizens.
2. The Ministry of Justice of the Russian Federation makes up a list of political public associations which are electoral associations (Article 32.2 of the Duma Elections Law).
3. The Ministry of the Russian Federation for the Affairs of the Press, TV and Radio Broadcasting and Mass Media (Article 55.2 of the Duma Elections Law) furnishes to the CEC a list of TV and radio broadcasting organizations whose zone of reliable reception extends to a half or more than a half of the Subjects of the Russian Federation and of editorial offices of periodicals distributed in the territory of a half or more than a half of the Subjects of the Russian Federation, which are regarded as state organizations and periodicals (the mass media financed with the participation of the state). This list is for the purpose of identifying media outlets required to provide free air time to election commissions as proscribed by the Duma Elections Law.
Similar data regarding regional TV and radio broadcasting organizations and regional periodicals are furnished by the territorial agencies of the Ministry and by the bodies of executive power of the Subjects of the Russian Federation (Article 55.3 of the Duma Elections Law).
If a regional TV and radio broadcasting organization, regional periodical breaches the rules of election campaigning, the corresponding election commission may apply to the Ministry of the Russian Federation for the Affairs of the Press, TV and Radio Broadcasting and Mass Media or its territorial agencies for putting an end to unlawful campaign activities and bringing the offenders - the organizations and their officials - to responsibility.
4. The procedure for opening and maintaining special electoral accounts, keeping financial records and filing reports, as well as the forms of reports to be filed by candidates, registered candidates and electoral associations/blocs with regard to the money contributed to and spent from their electoral funds are determined by the CEC and agreed upon with the Central Bank of the Russian Federation (Article 66.1 of the Duma Elections Law).
5. State bodies and bodies of local self-government must render assistance to ensure public safety and order for registered candidates and electoral associations/blocs which registered federal lists of candidates, and groups of voters in the organization of conferences, meetings with voters, public debates and discussions, rallies, demonstrations and marches (Article 58.1 of the Duma Elections Law).
6. The law enforcement bodies (Ministry of Internal Affairs and its territorial agencies) must take measures for putting an end to unlawful campaign activities and inform election commissions of the facts established and measures taken. (Articles 59.9 and 60.6 of the Duma Elections Law).
7. An election commission may form working groups from members of the election commission, members of the commission’s staff and invited specialists to verify the authenticity of the signatures and the corresponding data contained in signature lists. Such verification may be carried out with the involvement of experts from among specialists of law enforcement agencies (Ministry of Internal Affairs of Russia), juridical bodies (Ministry of Justice of Russia), military commissariats (Ministry of Defense of Russia) and specialized institutions and organizations in charge of registration of the population in the Russian Federation (Article 46.4 of the Duma Elections Law).
8. Guaranteeing the electoral rights of servicemen is the responsibility of commanding officers of military units (Ministry of Defense of Russia, Ministry of Internal Affairs of Russia).
Electoral precincts in military units may be formed by commanding officers of military units subject to a decision of the appropriate DEC (Article 14.5 of the Duma Elections Law). Political rallies for military units can be organized outside of their territory by the commanding officer of the military unit together with the DEC (Article 58.6 of the Duma Elections Law).
9. Electoral precincts where voters who, on voting day, remain in the territory of foreign states will vote and where the votes will be counted are formed by the heads of diplomatic or consular missions (Ministry of Foreign Affairs) (Article 14.6 of the Duma Elections Law). The heads of diplomatic or consular missions also prepare voter lists of all citizens who reside outside the territory of the Russian Federation. Such lists shall be used for the voting. (Article 16.4 and 15.6 of the Duma Elections Law)
10. The review and auditing services to be established in election commissions include specialists from state bodies (law-enforcement, fiscal and other), organizations and institutions, including the Central Bank of the Russian Federation and the Savings Bank of the Russian Federation (Article 69.2 of the Duma Elections Law).
11. Bodies of state power of the Russian Federation, bodies of state power of the Subjects of the Russian Federation and bodies and organizations authorized by them to carry out registration of legal entities furnish to election commissions the information indicating the founders of organizations; the foreign, state or municipal share (in percent) or the absence of such a share in the charter (authorized) capital of legal entities; and, the full name and date of registration of legal entities (Article 66.7 of the Duma Elections Law). Under the Civil Code of the Russian Federation registration is the responsibility of judicial bodies.
C. Political Parties and Candidates
1. The Nomination of Candidates by Political Parties and by Independent Means
The Basic Guarantees Law and the Duma Elections law devote much detail to the process of nominating candidates for seats in the Duma and the establishment of political associations. A candidates seeking the office of deputy in the state Duma must be at least 21 years of age and a citizen of the Russian Federation. A person may be a candidate for the Duma: 1) by being nominated and placed on a political party list for the 225 at-large members to be elected under the proportional system; or 2) may be the candidate of the party in one of the 225 single-mandate districts or be an independent or self-nominated candidate for the Duma in the single-mandate district. Under each circumstance, a candidate may procure a position on the ballot by collecting the required amount of signatures or by making an electoral deposit. (Articles 2, 28-32 and 34-36 of the Basic Guarantees Law; Articles 6 and 32-51 of the Duma Elections Law).
2. Candidate Nomination and Registration
A citizen of the Russian Federation seeking to qualify to be a candidate for the Russian Duma in single-mandate districts may be nominated by the following means: 1) political associations/blocs; 2) by himself; and, 3) by a group of persons independent of political parties. It should be noted that independent candidates can only run in single-mandate districts. A candidate must agree to be nominated or placed on a party list. To be placed on the ballot on the party list or independently, candidates may either: 1) collect a minimum number of signatures: or 2) deposit a certain amount of funds with the state to have their name placed on the ballot. A person may be a candidate for both a single-mandate district and a federal list. However, if elected in both, a candidate must choose from which election he will serve (single-mandate or federal party list). In addition to listing his/her name on the nomination papers, a candidate must list any criminal history. Candidates can also use pseudonyms on the ballot, if approved by the central Election Commission. It should be noted that while candidates may be nominated to be placed on the ballot, only until such nomination is accepted by the election commission is the candidate considered to be officially registered and thus an official candidate for the Duma. Candidates from a party have to indicate their party affiliation if they also run in a single mandate constituency.
3. Political Associations and Blocs
An Electoral Association is a political party, political organization or movement that is formed under the law and registered with the Ministry of Justice at least one year prior to the election. Associations must establish a charter before it is registered and granted status. In addition, associations must appoint authorized representatives to represent its interest during the electoral campaign. An electoral association may field candidates for the Duma election for proportional and single mandate districts. Such associations may also voluntarily join forces with one or more political associations to form electoral blocs to field candidates for the Duma. Such blocs are treated as associations. Political associations/blocs do not have to submit candidates for every one of the 225 single-mandate districts nor do they have to submit a list for every seat in the Duma which will be elected proportionally (225). However, a political association/bloc cannot have more than 270 candidates on its federal ballot (while this is more than the number to be elected, many times names are on such lists to attract voters). Currently, there are 139 associations/blocs fielding candidates for the State Duma. Associations and blocs have grown tremendously since 1993. In the 1995 Russian Federation parliamentary election, voters selected between 43 political associations/blocs who fielded candidates.
4. Candidate Nominations for Federal Lists by Political Associations and Blocs
Qualifying associations/blocs (those associations that are properly registered with the Ministry of Justice at least one year prior to the election) may nominate candidates for the Duma on a federal list or for the single-mandate districts. Associations/blocs must nominate candidates at public conferences using a secret ballot. Single mandate lists must be submitted no later than 65 days before the election. Political associations/blocs have the option of submitting 200,000 signatures, with no more than 14,000 signatures coming from one subject of the federation, or by making an electoral deposit to the SEC. The party must receive at least 3% of the total vote to obtain their deposit back. Signatures must be submitted no later than 55 days prior to the election. Election officials must certify the signatures submitted or funds deposited and declare the candidate officially registered if all qualifications are met.
Candidates may be nominated as a single-mandate district and be on the federal list of candidates submitted by an association/bloc. The federal list shall be organized regionally using the jurisdiction of the subject as its basis. Any political party or bloc which removes any one of the top three persons on its list prior to the election shall forfeit its right to field candidates for the election. At the same time, candidates other than the top three may withdraw from the ballot list up until the third day before the election (but no more than 25% of the list can withdraw or be taken off or else the entire list is forfeited).
5. Nomination of a Candidacy in Single Mandate Districts
In single-mandate districts, a person may be nominated as a candidate for deputy independently of political parties by collecting signatures or by paying a deposit from their electoral funds. Political parties may also nominate candidates in single mandate districts. Such a person may obtain at least 1 % of the signatures of the voters in the district to be placed on the ballot. Signatures must be submitted no later than 55 days prior to the election. Signatures submitted may not exceed the required number by more than 15%. While the random verification of signatures is permitted, at least 20% of all signatures must be randomly checked. A candidate may opt out of collecting signatures by making an electoral deposit to the CEC. The deposit money needs to come from the election fund only. If a candidate does not receive at least 5% of the total votes cast, the funds will be kept by the state. Election officials must certify the signatures submitted or funds deposited and declare the candidate officially registered if all qualifications are met.
1 Note that the constitutionality of electoral laws is determined by the Constitutional Court, as was the case, for example, in the issue relative to the constitutionality of the proportional representation system of distributing votes in the State Duma. The role of the Constitutional Court is not examined in this report.
2 Particular to Russia, the discrepancy between interpretations or sections of the Basic Guarantees Law and other electoral law is the subject of a growing number of electoral disputes.
3 Summary of the Judicial Practice of Adjudication of Electoral Disputes in the Subjects of the Russian Federation in 1995-1997; completed in November 1998 (Available from IFES/Russia).
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